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S.B. No. 1463
AN ACT
relating to the conversion of a nontoll state highway to a toll
facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 284, Transportation Code,
is amended by adding Section 284.009 to read as follows:
Sec. 284.009. CONVEYANCE OF STATE HIGHWAY TO COUNTY OR TOLL
ROAD AUTHORITY. (a) The commission may convey a nontoll state
highway or a segment of a nontoll state highway, including real
property acquired to construct or operate the highway, to (i) a
county or a toll road authority in the county in which the state
highway or segment is located, or (ii) a county or toll road
authority in a county adjacent to the county in which the highway or
segment is located if the county or toll road authority in the
county in which the segment or highway is located approves the
conveyance, for operation and maintenance as a project under this
chapter, if:
(1) the commission determines that the proposed
conveyance will improve overall mobility in the region or is the
most feasible and economic means of accomplishing necessary
improvements to the highway;
(2) any funds paid by the department for the
construction, maintenance, and operation of the conveyed highway
are repaid to the department; and
(3) the county or toll road authority agrees to assume
all liability and responsibility for the maintenance and operation
of the conveyed highway on its conveyance.
(b) A county or toll road authority that receives a nontoll
state highway or a segment of a nontoll state highway under
Subsection (a) may own, operate, and maintain the highway as a
pooled project under Section 284.065.
(c) The commission shall, at the time of a conveyance,
remove the highway or segment of highway from the state highway
system. After a conveyance, the department has no liability,
responsibility, or duty for the maintenance or operation of the
highway or segment.
(d) The commission may waive all or a portion of an amount
due under Subsection (a)(2) if it finds that the conveyance will
result in substantial net benefits to the state, the department,
and the traveling public that equal or exceed the amount of payment
waived.
(e) Before conveying a nontoll state highway or a segment of
a nontoll state highway under this section, the commission shall
conduct a public hearing to receive comments from interested
persons concerning the proposed conveyance. Notice of the hearing
shall be published in the Texas Register and in one or more
newspapers of general circulation in any county in which the
highway or segment is located.
(f) A county or toll road authority may use toll revenue
collected under this section to fund a transportation project or an
air quality project.
(g) The commission shall adopt rules implementing this
section, including criteria and guidelines for approval of a
conveyance of a highway or segment.
(h) In this section:
(1) "Air quality project" means a project or program
of a county, toll road authority, or another governmental entity
that the county or toll road authority determines will mitigate or
prevent air pollution caused by the construction, maintenance, or
use of public roads within the county.
(2) "Transportation project" means the construction,
improvement, maintenance, or operation of a transportation
facility:
(A) under the jurisdiction of a county, toll road
authority, or another governmental entity;
(B) located inside or outside the county or area
served by the toll road authority; and
(C) that the county or toll road authority
determines will improve mobility within the county or area served
by the toll road authority.
(i) This section applies only to a nontoll state highway or
a segment of a nontoll state highway that is conveyed for purposes
of creating an outer loop or connecting to an outer loop located
primarily in a county having a population of more than three million
or an adjacent county.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1463 passed the Senate on
May 13, 2003, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on May 30, 2003, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1463 passed the House, with
amendment, on May 28, 2003, by the following vote: Yeas 144,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor